NC 1504-1.8 Filing a Petition for a Due Process Hearing

Plain English summary

This regulation governs how parents and LEAs may file a petition for a due process hearing regarding a child with a disability, including matters related to identification, evaluation, placement, FAPE, or manifestation determinations. Petitions must allege a violation within a one-year statute of limitations, with limited exceptions, and parents lose standing to file on behalf of a student who has reached the age of majority without court-granted guardianship. LEAs are required to inform parents of free or low-cost legal services when requested or when a due process petition is filed.

Key requirements

• A parent or an LEA may file a request for a due process hearing on matters related to the identification, evaluation or educational placement of a child with a disability, the provision of FAPE to the child or a manifestation determination.
• The petition for a due process hearing must allege a violation that occurred not more than one year before the date the parent or LEA knew or should have known about the alleged action that forms the basis of the due process petition.
• A parent may not file a petition on behalf of a student who has reached the age of majority unless the court has granted guardianship to the parent.
• The LEA must inform the parent of any free or low-cost legal and other relevant services available in the area if the parent requests the information.
• The LEA must inform the parent of any free or low-cost legal and other relevant services available in the area if the parent or the LEA files a petition for a due process hearing under this section.

Affected parties

• Parents of children with disabilities
• Local Education Agencies (LEAs)
• Students with disabilities
• Students who have reached the age of majority
• Parents with court-granted guardianship of adult students

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=87